I just got a robocall from a group calling itself "Citizens for a better Orange County" that opposes the Transfer Tax. It calls the tax the "Home Tax," which is clearly wrong on two levels. Firstly, the proposed tax is on all land sales, and secondly it is an attempt to falsely personalize this tax for local homeowners. Oh, and it fails to mention an important detail: the tax rate would be 0.4%. That's right: four tenths of a percent. That's one thousand dollars on a $250k hypothetical home. Sounds like too much money? Well, what are the alternatives? If this is defeated, the only two alternatives that have been seriously discussed are a sales tax (the most regressive tax possible) and a property tax increase. A property tax increase would be a home tax. Everything about the robocall was misleading and dishonest.
The call directs people to a website that I won't link to here. The website refers to "Tom Holt" as their treasurer and "Mark Zimmerman" as their spokesperson. A bit of googling gives:
Mark Zimmerman (919) 942-9150
so that might be one way to get more info about this if anyone is interested. The website also lists a toll-free number: 866-275-1129. Also, a visit to the Internet Archive's Wayback Machine shows us that Mr. Zimmerman was chair of the Chapel Hill/Carrboro Chamber of Commerce in 2005, and is... drumroll... a realtor with Remax.
So, to recap: a realtor is the spokesperson for a shady group that is using shady tactics (including robocalls and dishonest "home tax" verbiage) to try to shoot down the Transfer Tax. A good question for Mr. Zimmerman might be, "How much money have you personally spent on trying to defeat the Transfer Tax?" Or maybe, "Why do you feel it's necessary to resort to dishonest tactics to defeat a tax that might have a small impact on your business?"
Issues:
Comments
You were misinformed
So much for trying to ease out of this discussion. Terri, the SOG representative did not provide you with accurate information if she told you that it would affect inheritance. The tax applies when money changes hands. If it is deeded to heirs or given as a gift the tax does not apply.
§ 105‑228.29. Exemptions. This Article does not apply to any of the following transfers of an interest in real property:
(1) By operation of law.
(2) By lease for a term of years.
(3) By or pursuant to the provisions of a will.
(4) By intestacy.
(5) By gift.
(6) If no consideration in property or money is due or paid by the transferee to the transferor.
(7) By merger, conversion, or consolidation
(8) By an instrument securing indebtedness. (1967, c. 986, s. 1; 1999‑28, s. 1; 1999‑369, s. 5.10(a)‑(c).)
Paying for the next school
Terri replies to the question "How to pay for the next needed school?" with
"If we don't have the money to pay for it, I want the school board to withhold certification through SAPFO." In other words, just don't build it? Is this
what you really mean?
Joe Capowski (sorry, forgot to log in)
Kind of
What I mean Joe is that years ago some smart people tied infrastructure expansion to development through SAPFO. I'd like to see that process work as intended so that we live within our means and stop approving new development if we don't have the financial resources to provide the infrastructure. Development is the problem, building schools and parks without adequate funding is the result. My solution is to stop approving new residential development until we have adequate funding to provide the infrastructure. Then we can go out and find a funding mechanism, like an impact fee on new development, that meets the needs of this community.
Thanks for the correction!
i think the money needs to go towards mental health
I will be voting against the tax
Reasons:
- There is far more money available to be collected in existing property taxes than is now being collected, simply by finding the abuses that already exist in the system, and weeding them out. For example, if the back taxes and interest on just ONE fradulent "land use exemption" situation I know of were collected, you'd have nearly $500,000! I see little indication that situations like this are rare, nor that they will be attended to in any timely fashion.
- Orange County is effectively a one-party political fiefdom. Since there's no realistic expectation of any political opposition to tax increases, you can bet your bottom that the 0.4% proposed initial levy is a 'teaser rate' and will be raised every time somebody has a good idea about how to spend other people's money.
- And yet further, advocates of this tax are unwilling to commit to a future rate-adjustment cap on regular property tax rates. My own property tax bill went up 17% in the past 4 years alone, far more than inflation AND far more than my own income increased. What guarantee would I have that this rate of increase won't remain, even IF the new tax is approved? Call me a cynic if you must, but this County isn't known for fiscal conservatism.
Sorry. Taxes of all types consitute --by far-- my #1 cost of living expense. The value received is poor. I just don't need any more taxes, especially one as onerous and unfair as this one.To correct another misconception....
How much is really needed?
simple really
not so simple
Property taxes go up either way
I don't agree.
Voting no
Also voting no
Reasons:
Property Taxes will go up anyway. Orange County already has the highest taxes of anywhere around. This tax will definitely impact the senior population who sells to attempt to provide additional funding for retirement as well as to simply move into a smaller, less physically demanding place, or into an assisted living facility. The SELLER is responsible for payment, NOT the buyer, therefore, this is a tax on the existing population, not the incoming population nor the developers with the (presumably) big bucks.
But my biggest reason is: Orange needs to learn to create a budget and live within it! And as far as "Where will the money come from for a new school?" First prove that a) a new school is absolutely necessary as the old schools should be able to absorb a 100% increase- or they weren't built correctly to begin with!
Proponents are gaining ground
Tax last evening. Mayor Chilton, himself a realtor, supports it.
Home sweet home
Tugging at heartstrings, some opponents of the tax on selling property label it “the home tax,” though the tax would apply to all transfers of property, like sales of junk yards, night clubs, and undeveloped land about to be paved over. That’s like labeling the tax on retail sales “the Bible tax” because it taxes every Bible that’s sold. (North Carolina tried in 1939 to exempt just Bibles, but that’s not Constitutional: http://bulk.resource.org/courts.gov/c/F2/902/902.F2d.1158.89-2767.html.) The “home tax” label is measurably less of a distortion than “Bible tax,” but it’s a distortion, and a shrewd one.
If part can describe the whole, “land flipping tax” and “property churning tax” will do.
Advertising against the transfer tax
I'm becoming downright embarrassed by the advertising that is flooding into Orange County by the NC Association of Realtors and by the Citizens for a Better Orange County. Even if I were against the tax, I'd want to disassociate myself from these ads.
I'm now looking at a brochure mailed, I assume, to every registered voter in the county. It sells gloom, doom, and fear in an attempt to defeat the tax. On the front page is a little girl being held by her father. I can't begin to understand how they got this little girl to look so pitiful.
I know many of the people who are on the CBOC list of supporters that is published on their website, and they are positive people. In Chapel Hill, based on yard signs, the epicenter of the anti-tax movement is in the Oaks, one of the most affluent regions of town. The people who live there did something right to get there. They certainly don't look at the world as a dark, forboding place full of doom, gloom and fear. Yet they are willing to support such advertising. What am I missing here? Are these people so afraid of a tax that they will flood us with such despondent literature? It's got to be more than the old saw that negative advertising works.
Orange County NC Transfer Tax Forum
Found this on Orange Chat. Thanks to Mark Peters for sharing it on Google Video.
Mr. Capowski's outrageous, elitist comments
I began watching this informative video of the transfer tax forum with an open mind to the idea of the tax itself, but with a predisposition against those arguing loudest against it. In my view, the transfer tax idea itself has some problems that aren't really being discussed much, but I started out so ambivalent about it's merits that when a friend asked my opinion of it yesterday my response was literally, "flip a coin, it doesn't matter much either way."
Given the amount of sheer crap that the realtor's assn has seen fit to stuff my mailbox regarding the issue, and given my general extreme distain for realtors of any stripe, and given the comments on this forum, I started out prepared to essentially despise Mark Zimmerman. I hadn't really made up my mind fully on the tax itself, but I already knew I probably had little in common with the most vocal group against it.
So as I watch Joe Capowski initially flounder around not making a single point in favor of the tax, I'm kinda embarrassed for him. Initially, I keep thinking, come on Joe say something that regular folks can get behind. In his presentation he says nothing whatsoever that resonates on any level.
Then the presumed evil Mark Zimmerman steps up to the podium and ticks of a whole list of mostly sound reasons why the transfer tax is a bad idea. I'm amazed at how articulate he is. Frankly, I'm secretly hoping to catch him telling whoppers or something. But, instead he just sticks to taking the tax apart point by point. The points that resonated with me the most are that it's an unreliable means of funding anything, and that it asks a very small portion of the population to fund the needs of the majority.
So I'm looking at this video of this forum and my perception is slowly solidifying against the tax in a way that it's never really been clear before. Then comes the absolute defining moment.
Thirty minutes in, (30:28--31:33), Joe Capowski is asked directly what impact he thinks the tax would have on affordable housing. His answer is simply shocking, insulting, outrageous, pompous, clueless, arogant and mindnumbingly elitist. He answers that "affordable housing" falls under the auspices of welfare.
Hey Joe, you come out to my hardworking bluecollar neighborhood and spout that clueless crap. Tell the Orange County school maintenance workers, the teachers, the plumbers, the electricians, the beauticians, the landscapers and the other service sector employees that are my neighbors that because they either choose not to live in overpriced yuppie housing or simply can't afford to live elsewhere that they fall under the auspices of welfare. Do you even realize how utterly insulting that is? Do you have a clue?
"No disrespect meant?" "Grants from organizations will take care of it?" What kind of clueless nonsense is this? Very few here want handouts. Nor are patronizing elitist comments appreciated.
I will say one thing though, Joe, you did a good job of knocking me off my fence on this tax. You can bet that I'll be organizing whomever I can against it. Know what the opposite of affordable housing is? It's not yuppieville, it's UN-affordable housing. And that's all that's gonna be left if Orange keeps gentrifying.
Fundamental misunderstanding...
Joe stated a fact. County functions include (and are in many ways legally limited to) providing for health, education, and welfare. I don't think it is any way insulting to call affordable housing a form of welfare; in fact, affordable housing as a form of welfare is the legal justification for being able to provide funds and regulations for it. Welfare didn't use to be a dirty word: in this case, it just refers to providing a basic quality of life or standard of living. Before you accuse someone of a whole litany of unfair terms, it would be helpful to understand the word as it applies here. The following reference, albeit obscure in today's society, may be of benefit...
You miss the point
Evidently I did.
Perhaps I missed the point because, rather than stating a belief you hold about affordable housing policy, you viciously attacked someone for describing which of the three functions of local government enables our current policies?
Viciously attacked? Have Joe
Viciously attacked? Have Joe say what he said to that forum in my or any one of a dozen Orange County blue collar neighborhoods and I'll do my best to see that he doesn't get viciously attacked. (To say that what he said is considered fighting words is almost an understatement.) Three functions of local gov't? Current policies? You do understand that this is not Poly-Sci 101 but rather real life with real people, most of whom don't have benefit of the luxury of such lofty pursuits?
Affordable housing
Mike, I really feel like you are jumping down Joe's throat without truly understanding his comments. In Orange County the words "affordable housing" have a very particular meaning, which is broadly-understood to those engaged in public dialogue about it. They refer to specific programs through which local governments require developers to create and/or maintain certain amounts of housing that meets a certain standard of affordability, and to the specific nonprofit organizations who do this work - sometimes assisted by local government funding.
Just because Joe doesn't use your definition of the term, doesn't mean he doesn't share your concern about the problem. More importantly, attacking him as you have done here adds nothing to the debate but instead diverts it so that now we are talking about you and Joe instead of how to ensure that the people who work here can afford to live in Orange County!
I"m pretty sure most of us agree that having homes that people can afford is a good thing. Personally, I think a transfer tax is a fairest way to raise the money that the community needs to realize this and other shared goals. Property taxes make us pay cash when the value of our homes is not liquid. When we sell the land is when we reap the rewards, it makes sense to me that that's when we should pay.
Welfare
Jason is using definition #1 from the Merriam-Webster dictionary:
While affordable housing should be considered as a form of welfare (#1), the local use of the term has become more similar to #2.
right sentiment, wrong target
I watched the video and it just cemented my own vote. I also took note of Joe's comment but not in any negative sense.
The two issues that came up that I didn't think of before were really critical.
One is that a realtor's fees are a choice, essentially a sales commission for selling a home, not unlike the sales commissions paid to any other salesman in any other industry. So trying to relate the TT to a realtor's fees is a disingenuous argument that really hurts the TT proponent's cause. If I were them, I'd drop using that attempt to justify their position.
What is REALLY going on here, the second and unmentioned fact, is far more insidious: the County seeks the legal right to tax wealth, since they already can tax consumption. The rate, apparently set by the State, is subject to change. In the future, you can absolutely bet it won't stay at 0.4% and I would not be surprised to see it rise to 5% or more ... just like the income tax after the 16th amendment. You can not trust government to be a good steward and act with restraint, since they have proven they can not. If they could, they'd write a cap into the legislation that says they cannot increase the rate except by referendum. Since that's not in there ...
Some bad ideas need to be stopped before they start.
The TT proponents need to stop attacking the realtors and their motivations as if there was some kind of "vast right wing conspiracy" - and be honest with taxpayers. It's not a childish "well, they get 6% and all we want is 0.4%, waaah" ... TT proponents (almost universally persons on the political Left, by the way) want the right to tax wealth, and to do so with no caps, and with no restrictions on the use of funds.
That is the truth. You might not like the sound of it, but, that is the truth.
Joe's arguments in favor of this tax paled in comparison with Zimmerman's. Joe's final comment was basically "new schools are not going to build themselves" and we need to find ways to pay for them.
The TT isn't the right way. I favor a sales tax.
LTT and the Realtors
My mailbox is also groaning from the overwhelming influx of spin from the Realtors’ lobbyists.
Let's start with the regressivity argument against the LTT: if a 0.4% transfer tax on a home sale is regressive, what is a 6% realtor's commission on a home sale? Sounds like 15 times the "regressivity" to me.
When we bought our condo in 2006, we did not retain a realtor, and we bought from a seller who did not use a realtor. Both parties had lawyers, worked collaboratively to settle improvements to the unit before move-in while protecting our property rights, and we had a successful sale where the seller certainly made more money than they would have if a realtor had sold it, and we probably paid less than we would have if the seller had to adjust her price to accommodate a 6% realtor's fee.
The transfer tax, if adopted, will be another piece of information absorbed into the price of any home sold in the county. On a theoretical $150,000 house, the tax would be $600. The transfer tax on a theoretical $150,600 house is $602.40. The transfer tax on a theoretical $150,602.40 house is $602.41. Simply move the price to $150,605 and the tax is $602.42, and the seller has covered the cost in the home price and you wind up with $2.58 left over. This level of price shift on a $150,000 house is not going to make or break the deal on a sale.
But what about the impact on the buyer? I ran a 30-year, 6% fixed-rate mortgage on a $150k house through bankrate.com. The monthly is $899.33 Then I ran the $150,602.40 through on the same terms. $902.94. That’s a difference of $3.63/month. Again, this differential is not going to make the difference on whether or not someone buys a house.
I’m voting in favor of the LTT. It is wrong to suggest we would best save lower-income families money by not passing this tax which is ultimately a de facto impact fee by other means on the buyer embedded in the price of the home, not an impact on the seller.
Locally, Mayor Chilton has been out in front as a realtor who is for the LTT. Most others have been quiet, so I assume they support Mark Zimmerman and his astroturf Raleigh-based mail campaign.
If we really wanted to save lower-income families money when they sold their homes, we would offer publicly-sponsored classes on how to use Craigslist, Zillow, Flat Fee Listing, and lawyers to avoid giving 6% of their sale price to a traditional realtor, while lobbying the state legislature to unlock the MLS for average citizens to put their home into the database for a reasonable price. In 2005, the US Department of Justice pursued an anti-trust lawsuit against the National Association of Realtors for their activities in working to prevent access to the MLS to a broader group of organizations and individuals. Read about it in the Sept 2005 Washington Post (http://www.washingtonpost.com/wp-dyn/content/article/2005/09/08/AR2005090802094.html)
Leslie Stahl from 60 Minutes also followed up on this issue in 2007.
http://www.flatfeelisting.com/60min.html
Whatever your position on the tax, keep in mind that the primary group campaigning against it is the local branch of a national lobbyist organization that the Justice Department is treating as a de facto cartel which acts as a diversified, conglomerate monopoly with sole access to the MLS.
"seller has covered the cost in the home price": Not.
A referendum on transfer taxes, not realtor fees
We're voting on a referendum about a transfer tax, not realtor fees. Realtors provide a service for which they charge a fee--just like many of the rest of us who post on this forum. if you don't think the fee is worth it, then don't use one. As the poster above discussed, you don't have to use a realtor to buy or sell a house. There is nothing regressive about hiring a realtor to help you sell your house. They are voluntary, A tax isn't.
And just as an aside, the personal attacks on Mark Z and others on both sides of this issue are just not OK. If we want to question Mark's "right" to speak out on this issue because he doesn't currently live in Orange County--though his current and previous companies probably pumped more money into the County budget than most of us will contribute in a lifetime----then I can make the argument that only people who actually own real estate in Orange County should be allowed to vote or have an opinion on this matter.
I really hate the connotation that the people who oppose the tax are somehow stingy, or that anyone who supports it is trying to make a money grab. I'm personally just tired of us imposing another tax on existing infrastructure when we need $$ rather than encouraging and allowing development that wants to pay taxes in this community and won't use our most expensive services---schools and human services.
Are Realtors Voluntary?
But how free are people NOT to use a realtor to sell their home? Certainly less free than they are if they are selling a car. If I want to sell my used 1995 car, I can go to autotrader.com and put an ad directly on the web to sell my car.
I can get 3 weeks of nationwide exposure for $35. I have the information on my car, I can input it to the website and so on. I don't have to go to a "car buying and selling expert agent" to hold my hand to do this for me.
Can I do this to sell my house using the MLS? No, as an individual, I cannot. And I cannot do this because the National Association of Realtors engages in anti-competitive practices to preserve the status quo which mostly locks up the MLS for mainline realtors.
Ford, General Motors, and Mark Jacobs Toyota are not out actively lobbying to prevent my access as a seller to a national database of cars. Why should houses be different?
From the WAPost article I cited above:
There are some people who surely want all the services a realtor provides. I have no problem with realtors providing those services. I do have a problem with an organization that uses lobbying clout to set up a restrictive information environment in order to push people to go to a traditional realtor in order to place a home on the MLS.
And why is this relevant to the LTT debate? The most visible anti-LTT group is waving the banner of affordability in real estate transactions as a reason to oppose the tax. If they were really concerned about affordability issues, they would not engage in anti-competitive practices to restrict access to homeselling data, which produces a less efficient market in real estate transactions, and makes real estate transactions more costly than they should be for buyers and HOMEOWNERS.
So technically, no, you don't need a realtor to sell a home. But the realty industry does its best to make it hard for you to be successful without them.
Based on these activities, I don't find the realtors credible when they talk about concerns about affordability.
I think Anita is correct in
And I can't use Monster to
Realtors Settle With Justice Dept Re: Anti-Competitive Practices
Just a follow-up on this issue. This week the Realtors settled with the Justice Dept. The arguments above missed what was always the point- the Realtors did run a database, but even if you were willing to pay for it, they would only let you do so if you followed their business model and charged 6% commissions, which depended on preventing more efficient (read: lower costs to consumers) online realtors out of the market.
Part of the settlement is that the Realtors get to avoid admitting any wrongdoing, which of course, is important to a group that specializes in spreading disinformation to the public to achieve its goals.
Key excertps from the NY Times article Realtors Agree to Stop Blocking Websites:
Impact fees
On the website for "Real Orange County Citizens Working for the Best Option to Fund our Schools and Parks" it says "Capital needs, like new schools require large sums that are obtained by issuing bonds. Currently, the County has reached its self-imposed borrowing limits, but still has necessary, unmet needs for schools and parks." But missing from that statement, and from the entire site, is any ackowledgement of the existing $3,000 school impact fee imposed on new development specifically for the purpose of capital construction of new school facilities.
Can someone explain to me why the currently intact and approved school impact fee is not sufficient for financing "the expansion of the public school facilities in the county necessary to maintain current levels of service while accommodating new residential growth"?
Good question Terri. I don't
Good question Terri.
I don't support the transfer tax for the following reasons:
1. I think it is wrong to tax people as they exit our community. They aren't the ones creating the demand for services.
2. It doesn't address the real issue, which is that we have too much 'revenue-negative' property (or revenue exempt property) sitting on our tax rolls. We need to make the pie bigger and mixed better with development that pays taxes but doesn't consume the big ticket service items like schools and human services.
3. It is unpredictable and can flucuate a lot depending on the real estate market. If what we need is a dependable revenue stream that we can count on to pay our county's bills, then this isn't it.
4. The timing is wrong. We're in a down market. The people who are most likely to sell in a down market are people who are highly leveraged to begin with, and who have owned their homes less than five years. I don't think they have a lot of equity to part with. I am concerned about them. Last time I checked, a thousand dollars was a lot of money to a lot of people. I cringe a little when I hear people talk about "only" a thousand dollars. I know someone right now who probably doesn't have enough equity in her townhouse to pay the additional tax. You can sit in judgment about why, but she's just trying to deal with a complicated situation --medical bills coupled with a market downturn, combined with being highly leveraged in the first place in order to achieve her dream of home ownership. I don't want to see her borrowing money to sell her townhome.
5. It's not a tax on net profits, it's a tax on sales price. No deductions for what it cost to sell the property, including repairs, legal fees, and commissions, if a broker is used. NO deduction for repaying liens on the property. I don't know of another thing we "sell" where we pay taxes on the entire price we get---even when you sell stocks or real estate, you only pay taxes on the profit you realize, not on the entire sales price. It is possible for someone to wind up negative in this transaction, and I don't think that's what we want or what we intended. (and before someone points out that realtor commissions are based on sales price, let me just say again that the use of a realtor is voluntary and paying this tax will not be.)
_____________
We all have the same goal in mind--to figure out how pay for the services we use. If we are going to go through the cost and process of a public referendum, then I would have preferred to have more options on the table than this. People who are opposed to this tax are not necessarily opposed to other revenue generating options.
Ok, I'm done. I appreciate that we can vote on this matter. Democracy is a great thing.
Anita, Thank you.
Here's what I found
I think its because the
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